The Changing Face Of European Labour Law And Social Policy

Author : Alan C. Neal
Publisher : Kluwer Law International B.V.
Page : 193 pages
File Size : 43,8 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041123121

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The Changing Face of European Labour Law and Social Policy by Alan C. Neal Pdf

In the realm of European employment law, tension exists between the concepts of 'economic policy' and 'social policy.' During recent years, a growing tendency to emphasize the 'economic' at the expense of the 'social' can be discerned. What this trend gives us'in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume'is a regime of 'grand declarations' about workers' rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including:problems arising in the context of the Nice Charter;delivering 'equality' at the workplace under the new EU legal framework;the crisis facing workers' participation in practice;the prospects for trans-national collective bargaining;employment-related aspects of human rights under the ECHR; and,attempts to establish effective protections in relation to the working environment. Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission's 'scoreboard' on the implementation of the Social Agenda as of 2002.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.

Author : Clyde W. Summers,Roger Blanpain,Manfred Weiss
Publisher : Unknown
Page : 370 pages
File Size : 40,9 Mb
Release : 1993
Category : Arbejdsret
ISBN : UOM:35112200519454

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The Changing Face of Labour Law and Industrial Relations by Clyde W. Summers,Roger Blanpain,Manfred Weiss Pdf

Author : Georges Spyropoulos,Gabriel Fragnière
Publisher : P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
Page : 204 pages
File Size : 53,5 Mb
Release : 1991
Category : Europe
ISBN : CORNELL:31924069051245

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Work and Social Policies in the New Europe by Georges Spyropoulos,Gabriel Fragnière Pdf

Work and Social Policies in the New Europe deals with one of the most urgent challenges which Europe faces in this decade: the social dimension of the new unified Europe. In the new economic landscape which the single market will create before the end of this Century, it is important to have answers to the following questions. How are we going to work and under which kind of employment contract? Who will decide about our social security systems? What kind of negotiations will take place about the level of our welfare and the condition of our work? Who are the social partners and what kind of delegation do they have? What will be the role of the individual States in this negotiations? What are the arguments justifying the position of the unions or the employers? Who will finally decide about the social laws in tomorrow's Europe? This very timely and most useful book is about our life in the future. It shows how those who are involved in shaping it - from the individual experts to the members of the European Commission - look at the problem and can take the necessary democratic action to build the social Europe of the next Century.

Author : Frank Hendrickx,Valerio De Stefano
Publisher : Kluwer Law International B.V.
Page : 274 pages
File Size : 53,7 Mb
Release : 2018-03-01
Category : Law
ISBN : 9789041199546

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Game Changers in Labour Law by Frank Hendrickx,Valerio De Stefano Pdf

The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy. The volume derives from an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. This initiative is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following: – the ‘gig’ economy; – core labour law values; – freedom of association; – non-standard employment; – the rise of the service sector; – employment and self-employment; – the European Pillar of Social Rights; – app-based work; – algorithms as controls in the workplace; – collective bargaining rights and the right to strike; – the role of temporary employment agencies; and – termination of the employment relationship. There are also chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States. Roger Blanpain consistently reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, what is nevertheless very clear is that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities.

Author : David Natali (OSE),Bart Vanhercke (OSE)
Publisher : ETUI
Page : 298 pages
File Size : 55,5 Mb
Release : 2015-09-23
Category : European Union countries
ISBN : 9782874523748

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Social policy in the European Union: state of play 2015 by David Natali (OSE),Bart Vanhercke (OSE) Pdf

The sixteenth edition of Social policy in the European Union: state of play has a triple ambition. First, it provides easily accessible information to a wide audience about recent developments in both EU and domestic social policymaking. Second, the volume provides a more analytical reading, embedding the key developments of the year 2014 in the most recent academic discourses. Third, the forward-looking perspective of the book aims to provide stakeholders and policymakers with specific tools that allow them to discern new opportunities to influence policymaking. In this 2015 edition of Social policy in the European Union: state of play, the authors tackle the topics of the state of EU politics after the parliamentary elections, the socialisation of the European Semester, methods of political protest, the Juncker investment plan, the EU’s contradictory education investment, the EU’s contested influence on national healthcare reforms, and the neoliberal Trojan Horse of the Transatlantic Trade and Investment Partnership (TTIP).

Author : Linda Dickens,Alan C. Neal
Publisher : Kluwer Law International B.V.
Page : 174 pages
File Size : 52,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125415

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The Changing Institutional Face of British Employment Relations by Linda Dickens,Alan C. Neal Pdf

Employment protection in Britain, once seen as resting on collective bargaining supported by public policy, has increasingly come to be framed in terms of individual legal rights, enforceable before judicial forums such as employment tribunals. This dramatic shift towards juridification of the individual employment relationship has not only contributed towards significant changes to the institutional `landscape of employment relations in Britain, but also carries important implications for the future of employment law and regulation in `the home of collective bargaining. This comprehensive evaluation of current institutional reality and trends prepared to mark the 30th anniversary of the Advisory Conciliation and Arbitration Service (Acas) provides a unique look inside the key institutions of British employment relations. Each contributor leading academics and senior practitioners, all closely associated with particular institutions locates their institution in terms of purpose, origins, and context, discusses its structure, governance and composition, and assesses its operation, considering current challenges and future direction. In the course of examining issues relating to institutional choice and roles, the presentations offer contemporary views on the impact of decentralisation and the shrinking of collective bargaining, decline in trade union membership and strength, and the political effects of increasing global competition. The influence of EU social policy initiatives upon British legislative policy is identified, while attention is drawn to the consequences of an increased feminisation of the workforce, along with an increasing incidence of `non-standard workers and continuing service sector growth. Set alongside the evidence of decline in manufacturing, restructuring of the public sector, and the growth of the SME sector, this volume demonstrates the remarkable pressures for change which have impacted upon the institutions of British employment relations over the past thirty years. These essays offer an especially valuable mix of expert independent discussion along with personal insights gained from direct involvement in the operation of the key bodies. As a much-needed overview and basis for evaluation of the current institutional map of British employment relations, as well as a contemporary consideration of lessons to be drawn from the changing institutional face of employment relations in Britain, this book will be of inestimable value to policy-makers and practitioners in the field, as well as to students, academics, and more generally interested observers of the British experience.

Author : Alan Neal
Publisher : Kluwer Law International B.V.
Page : 774 pages
File Size : 44,6 Mb
Release : 1999-09-22
Category : Law
ISBN : 9789041112798

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European Labour Law and Social Policy:Cases and Materials by Alan Neal Pdf

This text is a collection of primary source materials in the labour law and social policy of the European Community in one volume. It includes documents and decisions up to May 1st, 1999, when the Treaty of Amsterdam came into force, along with key legislative instruments in EC labour law and social policy, significant associated policy documents produced by the Commission and important decisions of the European Court of Justice.

Author : Tiziano Treu,Adalberto Perulli
Publisher : Kluwer Law International B.V.
Page : 263 pages
File Size : 54,9 Mb
Release : 2023-09-14
Category : Law
ISBN : 9789403508870

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Labour Law and Climate Change by Tiziano Treu,Adalberto Perulli Pdf

Although the existential threat of climate change has at last been generally acknowledged, its influence on the labour market and the regulation of labour relations remains ambivalent at best. This supremely important volume, with contributions by thirteen prominent labour law practitioners and academics, shows how labour law not only can but absolutely must assume a greater role in the debate on the climate crisis and move towards a new eco-friendly labour paradigm. Committed to the proposition that employment must come to terms with the natural environment and open a new chapter in the relationship between human work and the Earth, the authors examine critical issues and perspectives on the role of labour law in a just ecological transition, focusing on such aspects as the following: negative externalities associated with the value chains production model; (in)effectiveness of corporate social responsibility and sustainability initiatives; protection of human rights from violations attributable to private sector activities; protection of whistleblowers; need for professional training in new occupations; environmental migrants; reskilling and active inclusion of workers and jobseekers; role of remote work and flexible working time; and evaluation and reward of employees. The impact of the green transition on industrial activities is already creating strong tensions among the social parties, leading inevitably to massive restructuring of enterprises and relocation of thousands of workers. This detailed analysis of the implications of climate change for the labour contract and the industrial relations system provides appropriate tools to understand trends and possible solutions for the future. It will be welcomed by managers, consultants, corporate lawyers, judges, human rights experts, trade unionists, researchers, and professors placed at the nexus of labour, industrial relations, and social rights in Europe and worldwide.

Author : Alan Bogg,Cathryn Costello,A.C.L. Davies
Publisher : Edward Elgar Publishing
Page : 592 pages
File Size : 53,6 Mb
Release : 2016-12-30
Category : Law
ISBN : 9781783471126

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Research Handbook on EU Labour Law by Alan Bogg,Cathryn Costello,A.C.L. Davies Pdf

Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.

Author : A.C. Neal
Publisher : Kluwer Law International B.V.
Page : 592 pages
File Size : 48,9 Mb
Release : 2002-08-01
Category : Law
ISBN : 9789041119162

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European Labour Law and Social Policy Cases and Materials Volume 1 Social Dialogue Industrial Relations and Labour Law by A.C. Neal Pdf

This is the most comprehensive collection of primary source materials in the labour law and social policy of the European Community ever brought together. With documents and decisions reflecting the state of play at 1st June 2002, it includes: key legislative instruments in EC labour law and social policy; significant associated policy documents produced by the Commission; and important relevant decisions of the European Court of Justice. Since the first edition of this work in 1999, the pace of social policy change and innovation at the level of the European Community has increased dramatically. Indeed, developments during the past three years are little short of remarkable, with particularly important advances in relation to the promotion of information, consultation and participation for workers, along with growing concern for several much broader social policy issues. Recognition of the changes in emphasis and scale for European social policy, and the presence of substantially more material to be included, have caused this edition of the work to be divided into two volumes. Volume I covers social dialogue, industrial relations and labour law, while Volume II is concerned with a wide range of material touching "dignity at work" in the European Community. The arrangement of the material in two self-contained volumes also reflects a division of convenience. Thus, those whose main focus is upon the "labour law" aspects of European social policy may choose to utilise primarily the material contained in the first volume, while those who wish to concentrate more particularly upon fundamental social rights, equal opportunities, anti-discrimination, and dignity at work might wish to take advantage of the framework presented in the second volume. Advocates, judges, policy-makers, scholars and students will all appreciate this essential sourcebook in EC labour law and social policy.

Author : Frans Pennings
Publisher : Kluwer Law International B.V.
Page : 578 pages
File Size : 44,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127839

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Social Responsibility in Labour Relations by Frans Pennings Pdf

Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following: relocation of labour to low-wage countries both within and outside the EU; conditions for tempering the excesses of the free labour market; the legal weight of voluntary standards such as codes of conduct; extending the scope of application of corporate social responsibility norms to transnational enterprises; pressure on national social law due to flexibilization, deregulation and individualization; contract termination protection; employability and training of employees; fixed-term work in the wake of the Mangold ruling; adjustment of working conditions for ill and disabled workers; right to strike; and restructuring of enterprises. In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach. The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of todayand’s EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional workerand’s protection and, more generally, to traditional concepts of labour law.

Author : Christian Welz
Publisher : Kluwer Law International B.V.
Page : 692 pages
File Size : 43,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127440

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The European Social Dialogue Under Articles 138 and 139 of the EC Treaty by Christian Welz Pdf

Describes, analyses, and assesses the European social dialogue from a combined theoretical and normative perspective and applies theoretical strands stemming from industrial relations, EC law, and political theory to an understanding and assessment of the genesis, actors, processes, and outcomes of the European social dialogue through 2007

Author : Tineke Dijkhoff,Letlhokwa George Mpedi
Publisher : Kluwer Law International B.V.
Page : 344 pages
File Size : 45,7 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041186331

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Recommendation on Social Protection Floors by Tineke Dijkhoff,Letlhokwa George Mpedi Pdf

Despite the international community’s recognition of social protection as a human right, the vast majority of the world’s population still has no access to social protection. In a major effort to address this situation, the International Labour Conference unanimously adopted the Social Protection Floors Recommendation 202 of 2012. However, because of the wide variety of possible schemes (and techniques that can be employed to administer them), there is a genuine risk that important values relating to social protection will be overlooked in implementing the Recommendation. This collection of expert essays contains an in-depth clarification and analysis of the Recommendation and sets forth a clear and practicable set of principles that can be used both as a policy tool and as an assessment framework for the creation, maintenance, and supervision of a national social protection floor. This book pays detailed attention to each of the Recommendation’s key principles, including the following: – state responsibility; – universality of protection; – entitlement based in law; – adequacy and predictability of benefits; – non-discrimination; – financial solidarity; – good governance; – coherence of policies; and – social participation. A special feature of the book is its inclusion of case studies that display innovative social protection schemes focusing on children and families, persons of working age (particularly informal sector workers), and elderly persons. A concluding section offers useful insights on measures that can be taken and lessons learned. As a deeply informed and practical guide to ways in which states can (and do) establish and maintain a social protection floor as a fundamental element of their national social protection systems, this book has no peers. It will be warmly welcomed by jurists concerned with social protection throughout the world, by pertinent government agencies at all levels, by non-governmental organizations, and by academics in the field.

Author : Valentina Cagnin
Publisher : Kluwer Law International B.V.
Page : 270 pages
File Size : 41,8 Mb
Release : 2020-06-05
Category : Law
ISBN : 9789403520810

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Labour Law and Sustainable Development by Valentina Cagnin Pdf

Labour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What’s in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable’ labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.

Author : Germana Di Domenico,Silvia Spattini
Publisher : Kluwer Law International B.V.
Page : 282 pages
File Size : 52,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041126146

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New European Approaches to Long-term Unemployment by Germana Di Domenico,Silvia Spattini Pdf

This ground-breaking book presents incisive studies by sixteen leading academics, labour policymakers, employment services professionals, and employment researchers from Italy, the United Kingdom, Spain, Germany, Belgium, and Poland. The articles provide an excellent overview of employment services experience throughout the EU, and demonstrate that careful application of active labour market measures can produce positive results in combating long-term unemployment. Notable for its emphasis on the proven power of cooperation among various stakeholders in reducing unemployment, New European Approaches to Long-Term Unemployment will be a welcome resource for employment services both public and private, other public labour and employment organisations, and employers, as well as to academics, lawyers, and other interested professionals. -- Provided by publisher.